| The 2000 edition of the ICWA
Judges' Benchguide is now available. You can follow the links
below (in bold black text) to the different sections of the Benchguide, or you may choose to
download the entire Benchguide (see below). All documents are PDF
files.
For your convenience, portable and easy-to-use color-coded, paperback, spiral bound copies are available for purchase.
Click
here to print an order form (opens new window). Please mail the completed form
and payment to:
California Indian Legal
Services
Attn: Linda Gillette
324 F Street
Eureka, CA 95501
For
questions regarding orders, please contact Linda Gillette at (707)
443-8397.
To view
these documents, you will need Adobe Reader. Click on the icon
below to download Adobe Reader for free. After
you click the link, your browser will open a new window with more
information.
INDIAN ANCESTRY
QUESTIONNAIRE
This
questionnaire is designed to determine whether the Indian Child Welfare
Act is applicable. The questionnaire is used by county social
workers when interviewing parents, custodians and family members. Click
Here to Download Questionnaire
(opens new window).
CALIFORNIA JUDGES'
BENCHGUIDE
The Indian Child Welfare Act
Note: Once the PDF document is open,
click on the blue links to navigate to subsections within the document.
Each link opens a new window.
Cover
and Acknowledgement
Table of
Contents
Table of
Authorities
-
Scope and Use of Benchguide
-
Frequently Asked Questions
-
Procedure
-
Applicable Law
-
Practical Solutions - Using the Act Creatively
-
Resource Directory: Essential Contacts for Indian Tribes and Programs
-
Additional References
-
Forms
-
Sample Forms: Notice of Indian Child Custody Proceeding
1. Notice of Involuntary Child Custody
Proceeding Involving an Indian Child
2. Request for Confirmation of Child's
Status as Indian
-
Sample
Form: Notice of Intervention, with Order
-
Sample Form: Juvenile
Minute Order
-
Sample Form: Consent to
Placement
-
Sample
Forms: Adoption
UPDATE: The court
forms found in Forms Section E of the 2000 edition are outdated.
For a copy of the latest forms please see: http://www.courtinfo.ca.gov/forms/
(opens new window).
1. All Purpose Adoption Forms
-
Petition for
Adoption
-
Petitioner
Consent and Agreement to Adoption
-
Order of
Adoption
-
Attachment to
Petition for Adoption - Adoption of an Indian Child
-
Consent to
Termination of Parental Rights and Certification - Adoption of an Indian
Child
2. Record of ICWA Placement
3. Notice to Secretary of the Interior of
Final Decree of
Adoption of Indian Child
-
Sample Form:
Designation of Indian Custodian
-
Sample Form: Waiver of
ICWA Rights
-
Sample Form: Tribal
Resolution - Tribal Placement Preferences
-
Designation of Tribal Representative
1. Intervention Authorization and
Designation of Tribal Representative
2. Designation of Tribal Representative,
Order (California Rules of Court, Rule 1410(b))
-
Sample Form: Transfer
Order
-
Sample Form: Tribal
Participation in State Indian Child Custody Proceedings - Questionnaire -
Tribal Participation in State Proceedings
-
Sample Form:
Certificate Re: Counsel
APPENDICES
-
Intervention Outline (Revised
11/00)
-
Indian Child Welfare Act
-
Department of the Interior
Guidelines for State Courts
-
Code of Federal Regulations
-
California Rules of Court
-
All County Letters and All
County Information Notice
1. ACL 89-26
2. ACL 95-07
3. ACIN I-46-98
Click
here to download the ICWA California Judges' Benchguide in its entirety.
Please note that the court forms found in Section E of the
2000 edition are outdated. See below for more details.
This
document (693 KB) is formatted to print in booklet style (double-sided), with margins suitable
for binding. Navigate the document electronically by clicking on
the blue links in the Table of Contents.
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